The Computer & Communications Industry Association (CCIA) has released two white papers that explore the history of cross-border data flow commitments and underscore the advantages of digital trade. These publications, titled “USTR’s Revisionist History on Data and Trade Agreements” and “Responding to the Myths Holding Back U.S. Action on Digital Trade,” address quotes from recent testimonies of the U.S. Trade Representative (USTR) during oversight hearings before the House Ways & Means Committee and the Senate Finance Committee.
The first paper offers a historical perspective on the United States' enduring record of support for cross-border data flows, tracing back to 1980. The second paper emphasizes the significance of digital trade to U.S. priorities and counters arguments made by those who believe digital trade rules should not currently be pursued or enforced internationally.
For over half a century, the CCIA has championed digital trade rules that bolster the global economy.
CCIA Vice President of Digital Trade Jonathan McHale offered his thoughts on this issue: “Strong digital trade rules reflect the broader interests of the United States in support of its economy, workers, national security, and democratic priorities on the global stage. Historically, the U.S. Trade Representative has led the way alongside close international partners to negotiate and enforce commitments that connect like-minded allies and protect the flow of information and enhance mutually-beneficial commercial activity.”
McHale continued: “In recent months, we have seen one unsupported argument after another justifying the recent U.S. trade policy shift, which abandons robust rules that support cross-border data flows, prohibit unjust data localization and discriminatory treatment of digital products, and protect companies’ source code from compelled disclosure. These justifications are reliant on myths that reflect neither the history nor evidence in support of such rules, ignoring a wide range of economic and societal benefits. We must remember that U.S. leadership in this area is as valid today as in the past—the history of cross-border data flow commitments dates back 40 years. U.S. trade policy leaders should redirect digital priorities back on track at a moment when digital protectionism and authoritarian approaches to governance are gaining ground.”